Groups Take Action to Address Widespread Violations of Surface Mining Act

COLUMBUS, OH - Today, the Sierra Club and Ohio Environmental Council formally requested that the federal Office of Surface Mining, Reclamation and Enforcement take immediate action to address widespread violations of the Surface Mining Control and Reclamation Act (“SMCRA”) in Ohio.

In a letter to the Office of Surface Mining and the Ohio Department of Natural Resources, the groups allege that 100 mines in the state are failing to meet the bedrock requirement of SMCRA that every mine ensure there are sufficient funds available to pay for complete reclamation of the mine site. The 100 mines that rely on Ohio’s Reclamation Forfeiture Fund no longer satisfy that requirement, following an improper decision last year by the Kasich administration to  remove $5 million from the fund for use in the state’s general budget. The money remaining in the Fund is insufficient to satisfy Ohio’s reclamation liabilities.

Because the Fund is now depleted, if a mining company goes bankrupt or is otherwise unable to complete reclamation, Ohio taxpayers could be on the hook to pay for cleaning up the land. The Sierra Club and the Ohio Environmental Council are asking the Office of Surface Mining to instruct the mines to either secure alternative forms of financial assurances, or immediately cease coal removal.

“We’re concerned a situation may arise where mines go out of business and there are no funds left to pay for clean up. That’s unfair to neighboring communities, and puts the financial burden on innocent taxpayers,” said Neil Waggoner, Ohio Campaign Representative for Sierra Club. “Independent actuaries determined that the Fund needs at least $25 million, and the Governor’s decision leaves only $21 million.”

"Ohioans shouldn't have to foot the bill for the coal industry's cleanup costs. The state's removal of millions of dollars from the cleanup fund raises serious questions,” said Nathan Johnson, Public Lands Director for the Ohio Environmental Council. “We want answers, and we want to make sure polluters, not Ohio taxpayers, are responsible for cleaning up their own mess.”